Ordinance 015-1983
ORDINANCE NO. 015_1983
-^,
AN ORDINANCE CREATING A MORATORIUM ON ALL
MAJOR DEVELOPMENT APPLICATIONS NOT PRESENTLY
BEING PROCESSED BY THE PLANNING AND ZONING
DEPARTMENT OF MONROE COUNTY AND WERE NOT
BEFORE THE PLANNING AND ZONING DEPARTMENT
ON OR BEFORE FEBRUARY 9, 1982; CREATING A
DE FACTO MORATORIUM AS AUTHORIZED IN SMITH
vs. CITY OF CLEARWATER, 383 So. 2d 681 AND
PROVIDING FOR THE REQUIRMENTS FOR THE FINAL
AND REGULAR ADOPTION FOR SAID MORATORII~
ORDINANCE; PROVIDING FOR THE SEVERABILITY
OF SAID ORDINANCE; PROVIDING THAT THE SAME
SUPERCEDES ANY ORDINANCE OR ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR AN EFFECTIVE
DATE OF SAID DE FACTO ORDINANCE.
WHEREAS, Monroe County, by and through the County Commission,
has established a moratorium for approximately 14 months on the
initiation of any new and unprocessed major development applications,
and
WHEREAS, the aforesaid Commission did approximately 14 months
ago authorize the cessation of the receipt of such applications for
any and all major developments that were then not in process, and
WHEREAS, because of the nature of said problems relating to
the approval of major development applications certain studies andl
or details could not be examined nor processed by the staff of the
Zoning & Planning Department of Monroe County for any anticipated
major developments not currently in the process, and
WHEREAS, plans are being made by the Monroe County Planning
& Zoning Board to augment its staff to where the presently pending
applications may be further processed, now, therefore,
BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that:
1. This ordinance is a De Facto Ordinance under the authority
of Smith vs. City of Clearwater, reported in 383 So. 2d 681 and is
declared to be an emergency under the aforesaid opinion.
2. That no applications for major developments under the
provisions of the ordinances of this County or Florida Statutes
Chapter 380,
accepted by the Planning & Zoning Department of
Monroe County shall be processed which were not at the initial
conference on or before February 9, 1982.
3. That the County Commission of Monroe County does find
and declare that said unfiled applications cannot be handled by
the Planning & Zoning Department both because of the lack of
depth in personnel and because further studies and requirements
as a condition precedent to said handling of said applications
IS needed.
4. That the legal process be initiated in accordance with
Chapter 166 of the Florida Statutes to pass an ordinance of
Monroe County creating said moratorium for a period of six months
after the required public hearing and public input are allowed.
5. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
6. If any section, subsection, sentence, clause or provision
of this ordinance is held invalid, the remainder of this ordinance
shall not be affected by such invalidity.
7. This ordinance shall be merged with an ordinance to be
passed by the Monroe County Commission no later than October 1,
1983.
8. This Ordinance shall take effect when a certified copy
of this Ordinance has been accepted by the postal authorities of
the Government of the United States for special delivery by registered
mail to the Secretary of State of the State of Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
w'~/f
(SEAL)
Attest:
RALPH w. VJlIl1I, CLERK
~~ t\\. P.uJw,O.C.
<1 C er
APPROVED AS 10 FORM
toiEqAL SUFFiCiENq.J !
. /\ /~'
~ ...... - CIf-.t" """ ' >
BY __..~__._.'____
Attomsy'if, Office j
. '
'.
FLORIDA DEPARfMENT OF STATE
George Firestone
Secretary of State
Jun'e 23, 1983
Honorable Ralph W. White
Clerk of the Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Vicki L. Garcia
Dear Mr. White:
Pursuant to the provlslons of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No/s
June 21
Monroe
83-15 (Emergency)
2. Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered
(b)
which we have numbered
3. 'We have filed this/these Ordinance/s in this office on
.June 7.~, 1983
4. The original/duplicate copy/ies showing the filing date is/are
being returned for your records.
Cordially,
4:~a~
Chief, Bureau of Laws
NK/
FlDRIDA-State of the Arts
REGISTERED NO.
R,()(y? i-!i9 ':,-
Reg, Fee $.:52')
ii
a:I
.:
II>
~
l-
(/)
:J
:E
;
';:
..
I:
W
~
f.
( -
i ..I:
~ ,~,g Handling
': 5! Charge $
o
I: 8 g Postage
8? Q.U
.. - R
I:
'0
Q.
I:
0 Ralph W. White, Clerk
..
II> :E
-..
a.s:: 0 500 Hhitehead
g~ a: Street
u.., u..
i~ Key T-lest, Fla. 33040 ZIP CODe
g<s::
.. Nancy Kavanaugh,
en Chief
::0
u 0
I- The Capitol, Room 1802G
ZIP CODe
Tallahassee, Fla. 32301
PS FORM
July 1981 3806 RECEIPT FOR REGISTERED MAIL (Customer Copy)
l) /-j--!
....
. SEMDER:,. Cr.mpl$ items I, 2, and j,
AM your addless in the "RETURN TO" tplIl:Cl 011
". .:reyerse. '
1. Thefollowing serVico.u requested (check one.)
XJ ShOW to whom an4 date tielivcred............_'*
o Show to whom, dMe and address of deUwoety...-4
,,0 RESTRICTED DEliVERY
. Show to v;'hom and Ute delivered.'. . ... ... .. . - 4
o RFSTRICTEDDElNERY." , c,_....
Show to whom. date, and addre,SS of deIivefy.L.:....;:' , '
y
~)
(CONSULT POSTMASTER FOR FEES) :',
2. ARTICLE ADDRESSED TO, J'
Baney Kavanaugh, Chief
The Capitol, Room 1802G
Tallahassee, Florida 32301
"
3.' ARTICLE DESCRIPTION: '>.. ~
C;:~W{9 CERTlFfED NO. ,I INSURED NO.
(AlwayS otmIin signature of addrllSSlllJ _agentl
I have receiYed the article described above.
SIGNATURE DAd e" DAn {ized...1
.. UNABLE TOnELIVER BECAUSE;
-trGPO : '1879-300....69